TitleCitationYearSummaryMost RelevantTypeStatus
Watkinson v. Black 14 La. 351, Supreme Court of Louisiana (February 01, 1840) 1840 APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF WEST FELICIANA, THE JUDGE THEREOF PRESIDING.   Cases  
Wheat v. State 6 Mo. 455, Supreme Court of Missouri (August 01, 1840) 1840 The grand jury for the county of Livingston found an indictment against Martin Wheat, the appellant, for keeping a ferry without license. The indictment charged that said Wheat, on, &c., at, &c., did keep a ferry in said county of Livingston, so as to demand and receive pay thereat, without a license, and that the said Wheat, on, &c., at, &c.,...   Cases  
White v. Pettijohn 1 Ired. 52, Supreme Court of North Carolina (June 01, 1840) 1840 We are of opinion that the facts shewn do not make out such a failure, upon the ground that from them it appears that the suit is undecided, and victory or defeat, success or failure, remains to be ascertained by the result of that suit. It may not be easy for a court of law to pronounce upon the effect of the decretal order that was made in the...   Cases  
Wilcox v. Wilcox 1 Ired.Eq. 36, Supreme Court of North Carolina (June 01, 1840) 1840 As a petition to re-hear a cause does not per se stay proceedings on the decree sought to be re-heard, and when it is allowed, affords to the court an opportunity of correcting any injustice it may inadvertently or erroneously have committed, it is almost a matter of course, unless the application be unreasonably delayed, not only to receive a...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Williams v. Duer 14 La. 523, Supreme Court of Louisiana (March 01, 1840) 1840 APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF EAST BATON ROUGE, JUDGE JOHNSON, THE JUDGE OF THE DISTRICT, PRESIDING.   Cases  
Williams v. Duer 14 La. 531, Supreme Court of Louisiana (March 01, 1840) 1840 APPEAL FROM THE COURT OF THE THIRD DISTRICT, FOR THE PARISH OF EAST BATON ROUGE, JUDGE JOHNSON, THE JUDGE OF THE DISTRICT, PRESIDING.   Cases  
Williams v. Maitland 1 Ired.Eq. 92, Supreme Court of North Carolina (June 01, 1840) 1840 Upon the argument, it was admitted, by the counsel for the defendants, that the 4th exception taken by the plaintiff, was well founded. That exception is, for that the master has erroneously debited the estate of Samuel L. Wiggins, in account with Thomas Walker, as executor, with the sum of $12, and the interest thereon; which sum was paid for a...   Cases  
Williamson v. Canaday 1 Ired. 113, Supreme Court of North Carolina (June 01, 1840) 1840 The reason why the witness might be regarded as a member of the firm, is, that it might be deceptive on persons dealing with it, if he were not so to be treated. Here are two firms of the same name; the one consisting of two persons; and the other of those same two and a third; and both doing business, it may be said, at the same place. In a case...   Cases  
Wilson v. Hayne Chev.Eq. 37, Court of Appeals of Equity of South Carolina (February 01, 1840) 1840 Bequest to a wife, for life and widowhood, with remainders over, and in case of a second marriage, to devolve upon the persons mentioned in the said will as if she my said wife had departed this life; my will being that she shall have no interest whatever in my estate after her second marriage.Held to be a sufficient implication of an intent to...   Cases  
Wilson v. McLenaghan McMul.Eq. 35, Court of Appeals of Equity of South Carolina (December 01, 1840) 1840 1. Where the husband of the dowress died in 1823, and the executor of the testator, immediately upon his death, took possession of the real estate, and held until 1827, when the land was sold by the sheriff, by virtue of an execution obtained against the executor, and was purchased by H., and held continuously by him, (including the years from the...   Cases  
Wilson v. Waples 3 Harr. 270 (October 01, 1840) 1840 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Woodward v. Dashiell 15 La. 184, Supreme Court of Louisiana (April 01, 1840) 1840 APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF IBE??VILLE, THE JUDGE OF THE SECOND PRESIDING.   Cases  
Young v. Robinson 11 G. & J. 328, Court of Appeals of Maryland (December 01, 1840) 1840 A devise of all the money remaining in the hands of my executors, after payment of debts and legacies, to the surviving children of my deceased brothers J. & W., to be equally divided among them, share and share alike, will pass the residuum of the testator's money, to the children of J. & W. who survived at the death of the testator, in...   Cases  
Abell v. Harris 11 G. & J. 367, Court of Appeals of Maryland (June 01, 1841) 1841 This was a bill on the equity side of Saint Mary's county court, brought by Henry Abell vs. Elizabeth A. Abell, adm'x. Bennet Abell, Maria L. Abell, Susanna E. Abell, Mary A. Abell, Martha A. Abell, Jane A. Abell and Bennet R. Abell. The object of this bill, was to vacate the bill of sale of the 20th August 1822, from the complainant Henry, to...   Cases  
Abrahams v. Commonwealth 11 Leigh 675, General Court of Virginia (December 01, 1841) 1841 It is the unanimous opinion of the judges, that this court has no jurisdiction of this case. The common law writ of error can only be awarded to some judgment, order or proceeding, of a court of record: and there is no statutory provision, authorizing this court to award such writ, for the purpose of reviewing the decision of a judge of a circuit...   Cases  
Adams v. Alexander 1 Ired. 501, Supreme Court of North Carolina (June 01, 1841) 1841 It is no objection to a man's taking the insolvent debtor's oath, under our act of Assembly, that he has conveyed, in a deed of trust to satisfy certain creditors, an amount of property, greater in value than the amount of debts secured by the deed, when he sets forth the deed in his schedule and surrenders all his resulting interests. When one,...   Cases  
Adams v. Stevens & Cagger 26 Wend. 451, Court for the Correction of Errors of New York (January 01, 1841) 1841 An action at law lies by a counsellor against his client, upon a contract, either express or implied, to recover compensation for services rendered. He may recover under a quantum meruit, notwithstanding the provisions of the fee bill established by the legislature. Whether a party who performs the duties of counsel in a cause of which he has...   Cases  
Allen v. Burton & Harllee 1 McMul. 249, Court of Appeals of Law of South Carolina (February 01, 1841) 1841 The sureties to an administration bond are not liable to the heirs at law for the rent of land belonging to the estate of which their principal was the administrator.   Cases  
Atkins v. Kron 2 Ired.Eq. 58, Supreme Court of North Carolina (December 01, 1841) 1841 Where a testator by his will gives to each of his heirs and distributees a certain portion of his estate, and no more, these words will not of themselves exclude the heirs and next of kin from other portions of the estate, not effectually given away to some other person, for as to such portions they take by law, independent of, and even against,...   Cases  
Aylett's Ex'r v. King 11 Leigh 486, Supreme Court of Appeals of Virginia (January 01, 1841) 1841 It is contended that the demand of the appellees is one of those stale claims not entitled to the countenance of a court of equity; and there is some force in the objection. The appellees have slept upon their rights for a long period after the disability of infancy was removed, and no excuse has been offered for this unreasonable delay. Prior to...   Cases  
Bailey v. Cromwell 3 Scam. 71, Supreme Court of Illinois (July 01, 1841) 1841 The administrators of Cromwell brought an action of assumpsit, in the Tazewell Circuit Court, against Bailey, upon a promissory note, made to him, in his life time. The defendant pleaded, first, non assumpsit; secondly, no good or valuable consideration; thirdly, that the consideration had wholly failed, in this, that the note was given for the...   Cases  
Baird v. Livingston 1 Rob. (LA) 182, Supreme Court of Louisiana (December 01, 1841) 1841 Appeal by the defendant from a judgment of the Commercial Court of New Orleans, Watts, J. The plaintiffs sue as the widow, and minor heirs of Charles Baird, deceased. They allege that the defendant is indebted to the latter in the sum of fourteen hundred dollars, for services as an overseer, rendered in the year 1819. The defendant having sold...   Cases  
Ball v. Le Breton 19 La. 147, Supreme Court of Louisiana (June 01, 1841) 1841 Appeal from the court of the first judicial district. The defendants in this case had given their notes for a large property called the Rope Walk, in New Orleans, belonging to the Balls, and sold by them to effect a partition. It was alleged there was a defect in the title of one of the late owners, and that her interest had not been legally...   Cases  
Barataria & L. Canal Co. v. Field 17 La. 421, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the second district for the parish of Lafourche, the judge thereof presiding. This is an action in which the plaintiffs claim $15,000 in damages from the defendant, Mrs. Field, owning about 40 arpents front of land, on the Bayou Lafourche, which she neglected to have leveed; and the police jury also, in consequence of which...   Cases  
Barker v. Planters' Bank 5 Howard 566, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 The statute does not require an endorsement of forfeiture upon the forthcoming bond. It is not necessary that the forthcoming bond should recite a judgment: it will be sufficient if the execution, and the sum for which it issued, be stated. A judgment on a forthcoming bond is a judgment in law, and no judicial judgment is necessary.   Cases  
Benoit v. Broussard 19 La. 387, Supreme Court of Louisiana (September 01, 1841) 1841 Appeal from the court of the fifth judicial district, for the parish of Lafayette, the judge thereof presiding. This is an action by Carmelite E. Benoit, wife of T. Broussard, and formerly the wife of Arvillien Broussard, a deceased son of the defendant, to recover the amount alleged by her to be due from the estate of her late husband, which she...   Cases  
Benson v. McBee & Alexander 2 McMul. 91, Court of Appeals of Law of South Carolina (December 01, 1841) 1841 Where grain, received at a mill as toll, was mixed up, and became the subject of traf fic, between the defendants, each being part owner, and interested in the proceeds of the sale. It was held that they were parties, in that particular business.   Cases  
Benton v. Roberts 1 Rob. (LA) 101, Supreme Court of Louisiana (October 01, 1841) 1841 This case is brought up from the District Court for the parish of Carroll. It was tried as to James Roberts before Davis, J., and as to the other defendant, before Tenney, J.; but the judgments against both defendants were delivered by the latter.   Cases  
Bethea v. McLennon 1 Ired. 523, Supreme Court of North Carolina (June 01, 1841) 1841 The proceedings on an inquisition of lunacy are not void, because no affidavit accompanied the petition to the court, nor because the alleged lunatic was not present at the time of taking the inquest, nor because the jury, in their inquisition, returned to the court, find that he is lunatic and idiotic, they having also found that he is of...   Cases  
Bethune v. Terry 1 Ired.Eq. 397, Supreme Court of North Carolina (June 01, 1841) 1841 This bill was filed in April, 1837, and therein it is charged by the plaintiffs, that in the month of November, 1834, the defendant, a constable of the county of Richmond, had in his hands executions against their property in favour of Smith & McNair, for the sum, as he stated, of about $525; that the plaintiffs, being very much pressed to raise...   Cases  
Blocker v. Burness 2 Ala. 354, Supreme Court of Alabama (January 01, 1841) 1841 The learned and elaborate opinion of Chief Justice Willes, in the case of Omichund v. Barker, Willes' Rep. 538 is the text generally resorted to on this interesting subject. The question in that case was, whether an East Indian, professing the Gentoo religion, who had given evidence on a commission issuing out of Chancery, who had been sworn...   Cases  
Bowie v. Minter 2 Ala. 406, Supreme Court of Alabama (January 01, 1841) 1841 It is objected by the plaintiff in error, that, without reference to the substantial merits of the controversy, the Chancellor should have dismissed all the bills which were submitted to him at the hearing. 1. Because Wm. T. Minter was the sole complainant in the original, and first supplemental bill, while the case stated, shows that his wards...   Cases  
Boyce's Ex'x v. Waller 2 B.Mon. 91, Court of Appeals of Kentucky (January 01, 1841) 1841 Fraud. Fraudulent conveyance. Purchaser. ERROR TO THE FAYETTE CIRCUIT. The case stated THIS case was once before in this Court, and the opinion then rendered will be found in 9 Dana, 478. After the return of the case to the Court below, Waller and the executrix of Daniel Boyce submitted to the decision of the Circuit Judge certain admitted facts,...   Cases  
Braveboy ads. Cockfield 2 McMul. 270, Court of Appeals of law of South Carolina (December 01, 1841) 1841 Where a prosecution against a party never legally existed, he cannot maintain an action for malicious prosecution.   Cases  
Briant v. Marsh 19 La. 391, Supreme Court of Louisiana (September 01, 1841) 1841 Appeal from the court of the fifth district, for the parish of St. Martin, the judge thereof presiding. This is an action on several promissory notes of the defendant, claiming a balance, as due thereon, of $2367 24, with ten per cent. interest. The defendant admitted the execution of the notes, and that he had paid $1,500 in a draft; leaving a...   Cases  
Bronaugh v. Neal 1 Rob. (LA) 23, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the District Court for the parish of Rapides, King, J.   Cases  
Brooks v. Harrison 2 Ala. 209, Supreme Court of Alabama (January 01, 1841) 1841 The plaintiffs in error, insist. 1st. That their demurrer to the bill should have been sustained; 2nd, that the decree is irregular in perpetuating the injunction, without having first required an answer, or on failure to answer, to have taken the bill pro confesso. 1. In considering the first question, we are to inquire: first--do the facts stated...   Cases  
Brown v. Gunning 19 La. 462, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the court of the sixth district, for the parish of Rapides, the judge of the district presiding. This is an action against the curatrix of the estate of Wm. Gunning, deceased, and two of her sureties on her bond, to render them personally liable in solido, for failing to pay over the amount of the plaintiff's claim, which is allowed,...   Cases  
Brown v. Smith 5 Howard 387, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 The plaintiff demurred to the defendant's plea; but before joinder or argument the defendant confessed the demurrer, and asked leave to amend the plea, which was granted by the court, and an amended plea filed, to which plaintiff also demurred; and the court sustained the demurrer and gave final judgment against the defendant; held, at common law,...   Cases  
Bry v. Dowell 1 Rob. (LA) 111, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the Court of Probates for the parish of Ouachita, Leamy, J.   Cases  
Bryant v. Peters 3 Ala. 160, Supreme Court of Alabama (June 01, 1841) 1841 A motion to dismiss a bill for want of equity, does not authorise the chancellor to look into the answer and proofs, if there be any, but it is to be determined upon an inspection of the bill only; if that does not disclose a case authorising the interference of chancery, according to our practice, it may be dismissed on motion, at any stage of the...   Cases  
Buie v. Buie 2 Ired. 87, Supreme Court of North Carolina (December 01, 1841) 1841 All the points, made in this case in the Court below, appear to us to have been properly decided. There was no evidence to support the plea of release. The deed of conveyance from Duncan to Alexander Buie contained an acknowledgment of the receipt of the purchase money, and if an action of debt or assumpsit had been brought for the price of the...   Cases  
Bullit v. Thatcher 5 Howard 689, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 An accommodation endorser is not discharged upon notice to the holder of the paper to sue, and proof of his failure to bring suit until after the drawer became insolvent. Where the drawer of a bill of exchange is not a citizen of the state, the statute requiring drawers and endorsers to be sued jointly in the same action, does not apply.   Cases  
Burgin v. Burgin 1 Ired. 453, Supreme Court of North Carolina (June 01, 1841) 1841 The owner of property may maintain, against a Sheriff, any action for detaining or converting his property, taken under an execution against a third person, which he could have, if the taking was without process; because he is a stranger to the process. Where a creditor, knowing that another creditor has taken a deed of trust, but which is not...   Cases  
Buyck v. U.S. 40 U.S. 215, Supreme Court of the United States (January 01, 1841) 1841 APPEAL from the Spuerior Court of East Florida. On the 23d of May 1829, Ann Buyck, the appellant, presented a petition to the superior court for the eastern district of Florida, claiming title to a tract of land containing 50,000 acres, south and north of the Musquito river. The title on which the claim was founded, was a Spanish grant from...   Cases  
Byrne v. Orleans Cotton Press Co. 18 La. 336, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the parish court for the parish and city of New Orleans. This is an action on a quantum meruit, in which the plaintiff claims the sum of three thousand dollars for a year's salary as president of the Orleans Cotton Press Company, before any fixed salary was allowed or established by the board. The evidence showed that the immediate...   Cases  
Caldwell's Ex'rs v. Kinkead 1 B.Mon. 228, Court of Appeals of Kentucky (April 28, 1841) 1841 Devises. Legacies. Distribution. Practice in Chancery. Interest. APPEAL FROM THE BATH CIRCUIT. THE appellants, as the executors of James Caldwell, deceased, urge, on a multitude of grounds, the reversal of sundry distributive decrees rendered against them, in favor of the executors and some of the legatees of William Caldwell, deceased, and of the...   Cases  
Camp v. Camp 2 Ala. 632, Supreme Court of Alabama (June 01, 1841) 1841 The bill prays a recision of the contract, on the ground, that it was obtained by the fraudulent representations of the defendant. The facts are, that the complainant being about to purchase land of the defendant, made an examination of it with him for the purpose of ascertaining whether it contained a sufficient quantity of valuable land to suit...   Cases  
Carter v. Graves 6 Howard 9, High Court of Errors and Appeals of Mississippi (December 01, 1841) 1841 Where the objection to written evidence was waived, and it was agreed to let it go to the jury for what it was worth, it was held, that the jury was authorized to give it what weight they thought proper. Where a witness is a distributee of an estate, and the tendency of his evidence is to increase the fund for distribution, he is incompetent. Where...   Cases  
Cassidy v. His Creditors 18 La. 402, Supreme Court of Louisiana (May 01, 1841) 1841 Appeal from the court of the first judicial district. The plaintiff having filed his bilan and petition, praying for the benefit of the insolvent laws, W. J. Moffatt was appointed a provisional syndic. At the meeting of creditors, P. Riviere was chosen syndic, who took a rule on the provisional syndic to hand over the property, effects, &c. of the...   Cases  
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